KLEE v. AMERICAS BEST BOTTLING CO., INC.

2009-11730

76 A.D.3d 544 (2010)

907 N.Y.S.2d 260

LEWIS KLEE, Appellant, v. AMERICAS BEST BOTTLING CO., INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 10, 2010.


Ordered that the order is reversed, on the law, with costs, the defendants' motion is denied, and the judgment is reinstated.

The plaintiff was crossing the street within a crosswalk when he was struck by a vehicle owned and operated by the defendants. More than two years after the accident, on July 14, 2009, the plaintiff agreed to settle his personal injury claim for the sum of $400,000. It is undisputed that the plaintiff's attorney promptly mailed a general release...

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